Knowing which USCIS form to file when your green card is expiring can be confusing but is essential to ensuring that your application is processed as quickly and as smoothly as possible. In this guide, we will clarify the differences between the two primary forms used to address expiring green cards:
- Form I-90, Application to Replace Permanent Resident Card (Green Card), and
- Form I-751, Petition to Remove Conditions on Residence.
We will outline when each form is used, as well as some of the primary differences between the two processes. Let’s dive in!
Understanding the Two Primary Green Card Categories:
First, it's important to understand the two primary green card categories, each of which require a unique “renewal” process when the card is nearing its expiry:
- Conditional Permanent Resident Cards/Green Cards,
- Valid for 2 years from the date of issue.
- Conditional on the applicant being able to provide additional evidence
- Requires the removal of the applicant’s green card / legal permanent residence “conditional status” rather than a formal renewal
- Permanent Resident Cards,
- Valid for 10 years from the date of issue
- Requires a renewal of the applicant's green card / legal permanent residence status
To know whether you have a standard green card or a conditional green card, simply compare your green card expiration date with your green card issue date.
- If valid for 2 years, you likely have a conditional green card.
- If valid for 10 years, you likely have a standard green card.
Why Conditional Green Cards are Issued:
Conditional green cards are typically issued when the green card is obtained through marriage, and the marriage was less than two years old at the time of issuance. The idea is that the green card benefit is “conditional” on the applicant being able to provide USCIS with additional evidence of a “bona-fide” / legitimate relationship two years after the green card was issued. This is done by filing Form I-751, Petition to Remove Conditions on Residence and by including extensive relationship evidence at the time of filing. USCIS will evaluate the application and determine if sufficient proof has been provided that the marriage was entered into for legitimate reasons. If the application is approved, USCIS will remove conditions on the permanent resident status and issue a 10-year green card.
Applicants who have been married more than 2 years at the date the green card was issued OR who obtained a green card through a different filing category than marriage, generally receive a 10-year green card initially.
Key Differences Between the Two Processes
Here’s a detailed comparison of the two processes based on the type of green card you hold:
|
Form I-751 (Removal of Conditions) |
Form I-90 (Green Card Renewal) |
| Purpose |
Remove the conditions on a 2-year conditional green card. |
To replace or correct a missing/incorrect green card, or renew a 10-year permanent resident green card. |
| Eligibility |
Conditional permanent residents (CPRs) whose green cards were obtained through marriage and who had been married less than two years on the day the green card was issued. Also includes dependent children of qualifying CPRs. |
Permanent residents (LPRs) with expired or expiring 10-year green cards, or those needing replacements due to loss, damage, or errors. |
| Filing Timeframe |
Within the 90 days before card expiration. |
Up to 6 months before card expiration. |
| Key Supporting Documents |
Extensive evidence that the marriage through which the green card was obtained was legitimate. |
Expired or damaged green card, or proof of permanent residence. |
| Form Filing Fee |
$750 (paper) / $700 (online) |
$465 (paper) / $415 (online) |
| Biometrics Requirement |
Sometimes. If scheduled by USCIS. |
Often required. |
| After Filing |
I-797 Receipt Notice issued, including a temporary green card extension of 48 months. |
I-797 Receipt Notice issued, including a temporary green card extension of 36 months. |
| Processing Time |
24–30 months (80% processed within 28 months). |
18–24 months (80% processed within 21 months). |
| If Approved |
Removal of conditional (CPR) status and issuance of a new 10-year green card (LPR status). |
Issuance of a new or replacement 10-year green card. |
| Consequences of Not Filing |
Risk of losing permanent residency status and potential deportation. |
Continued lawful permanent residency, but difficulty proving status without a valid green card. |
| Form URL |
Form I-751 |
Form I-90 |
Key Takeaways
- Form I-751 is for removing conditions on a 2-year conditional green card.
- Form I-90 is for replacing an incorrect, damaged, or missing green card as well as renewing a 10-year permanent resident card.
- Filing on time is critical to avoid legal or logistical complications.
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